Illinois General Assembly - Full Text of HB0895
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Full Text of HB0895  94th General Assembly

HB0895 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0895

 

Introduced 2/2/2005, by Rep. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-6   from Ch. 38, par. 3-6
720 ILCS 5/3-7   from Ch. 38, par. 3-7

    Amends the Criminal Code of 1961. Extends the statute of limitations for an offense based upon misconduct in office by a public officer or employee to no more than 6 (rather than 3) years beyond the expiration of the period otherwise applicable. Excludes from the period of limitations any period in which the defendant is a public employee and the offense charged is theft of public funds while in public employment.


LRB094 07427 RLC 37589 b

 

 

A BILL FOR

 

HB0895 LRB094 07427 RLC 37589 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 3-6 and 3-7 as follows:
 
6     (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7     Sec. 3-6. Extended limitations. The period within which a
8 prosecution must be commenced under the provisions of Section
9 3-5 or other applicable statute is extended under the following
10 conditions:
11     (a) A prosecution for theft involving a breach of a
12 fiduciary obligation to the aggrieved person may be commenced
13 as follows:
14         (1) If the aggrieved person is a minor or a person
15     under legal disability, then during the minority or legal
16     disability or within one year after the termination
17     thereof.
18         (2) In any other instance, within one year after the
19     discovery of the offense by an aggrieved person, or by a
20     person who has legal capacity to represent an aggrieved
21     person or has a legal duty to report the offense, and is
22     not himself or herself a party to the offense; or in the
23     absence of such discovery, within one year after the proper
24     prosecuting officer becomes aware of the offense. However,
25     in no such case is the period of limitation so extended
26     more than 3 years beyond the expiration of the period
27     otherwise applicable.
28     (b) A prosecution for any offense based upon misconduct in
29 office by a public officer or employee may be commenced within
30 one year after discovery of the offense by a person having a
31 legal duty to report such offense, or in the absence of such
32 discovery, within one year after the proper prosecuting officer

 

 

HB0895 - 2 - LRB094 07427 RLC 37589 b

1 becomes aware of the offense. However, in no such case is the
2 period of limitation so extended more than 6 3 years beyond the
3 expiration of the period otherwise applicable.
4     (c) Except as otherwise provided in subsection (a) of
5 Section 3-5 of this Code and subdivision (i) or (j) of this
6 Section, a prosecution for any offense involving sexual conduct
7 or sexual penetration, as defined in Section 12-12 of this
8 Code, where the victim and defendant are family members, as
9 defined in Section 12-12 of this Code, may be commenced within
10 one year of the victim attaining the age of 18 years.
11     (d) A prosecution for child pornography, indecent
12 solicitation of a child, soliciting for a juvenile prostitute,
13 juvenile pimping or exploitation of a child may be commenced
14 within one year of the victim attaining the age of 18 years.
15 However, in no such case shall the time period for prosecution
16 expire sooner than 3 years after the commission of the offense.
17 When the victim is under 18 years of age, a prosecution for
18 criminal sexual abuse may be commenced within one year of the
19 victim attaining the age of 18 years. However, in no such case
20 shall the time period for prosecution expire sooner than 3
21 years after the commission of the offense.
22     (e) Except as otherwise provided in subdivision (j), a
23 prosecution for any offense involving sexual conduct or sexual
24 penetration, as defined in Section 12-12 of this Code, where
25 the defendant was within a professional or fiduciary
26 relationship or a purported professional or fiduciary
27 relationship with the victim at the time of the commission of
28 the offense may be commenced within one year after the
29 discovery of the offense by the victim.
30     (f) A prosecution for any offense set forth in Section 44
31 of the "Environmental Protection Act", approved June 29, 1970,
32 as amended, may be commenced within 5 years after the discovery
33 of such an offense by a person or agency having the legal duty
34 to report the offense or in the absence of such discovery,
35 within 5 years after the proper prosecuting officer becomes
36 aware of the offense.

 

 

HB0895 - 3 - LRB094 07427 RLC 37589 b

1     (g) (Blank).
2     (h) (Blank).
3     (i) Except as otherwise provided in subdivision (j), a
4 prosecution for criminal sexual assault, aggravated criminal
5 sexual assault, or aggravated criminal sexual abuse may be
6 commenced within 10 years of the commission of the offense if
7 the victim reported the offense to law enforcement authorities
8 within 2 years after the commission of the offense.
9     Nothing in this subdivision (i) shall be construed to
10 shorten a period within which a prosecution must be commenced
11 under any other provision of this Section.
12     (j) When the victim is under 18 years of age at the time of
13 the offense, a prosecution for criminal sexual assault,
14 aggravated criminal sexual assault, predatory criminal sexual
15 assault of a child, or aggravated criminal sexual abuse or a
16 prosecution for failure of a person who is required to report
17 an alleged or suspected commission of any of these offenses
18 under the Abused and Neglected Child Reporting Act may be
19 commenced within 20 years after the child victim attains 18
20 years of age.
21     Nothing in this subdivision (j) shall be construed to
22 shorten a period within which a prosecution must be commenced
23 under any other provision of this Section.
24 (Source: P.A. 92-752, eff. 8-2-02; 92-801, eff. 8-16-02;
25 93-356, eff. 7-24-03.)
 
26     (720 ILCS 5/3-7)  (from Ch. 38, par. 3-7)
27     Sec. 3-7. Periods excluded from limitation.
28     The period within which a prosecution must be commenced
29 does not include any period in which:
30     (a) The defendant is not usually and publicly resident
31 within this State; or
32     (b) The defendant is a public officer or employee and the
33 offense charged is theft of public funds while in public office
34 or employment; or
35     (c) A prosecution is pending against the defendant for the

 

 

HB0895 - 4 - LRB094 07427 RLC 37589 b

1 same conduct, even if the indictment or information which
2 commences the prosecution is quashed or the proceedings thereon
3 are set aside, or are reversed on appeal; or
4     (d) A proceeding or an appeal from a proceeding relating to
5 the quashing or enforcement of a Grand Jury subpoena issued in
6 connection with an investigation of a violation of a criminal
7 law of this State is pending. However, the period within which
8 a prosecution must be commenced includes any period in which
9 the State brings a proceeding or an appeal from a proceeding
10 specified in this subsection (d); or
11     (e) A material witness is placed on active military duty or
12 leave. In this subsection (e), "material witness" includes, but
13 is not limited to, the arresting officer, occurrence witness,
14 or the alleged victim of the offense.
15 (Source: P.A. 93-417, eff. 8-5-03.)